Editorial: Legislation takes steps to solve problem

Published: Friday, August 22, 2014 at 07:10 PM.

Legislation directing Duke Energy to clean out all of its coal-ash ponds and store the ash more safely is a step in the right direction, but it also leaves a lot of gray area — including questions of who will pay the tab. One of the architects of the last-minute compromise said the Honorables can decide that later.

Fortunately for the Cape Fear region, the Sutton plant likely will be in the first wave of coal-ash cleanups.

The ponds at the now-shuttered plant have been leaking into groundwater that was heading for drinking wells in the Flemington neighborhood off U.S. 421 north of Wilmington. Duke Energy and the Cape Fear Public Utility Authority have split the cost of providing water lines to the community to prevent contaminated drinking water from reaching residents.

It is worth noting that this week’s action is the first concrete step to address coal ash pollution in North Carolina. It took a major spill at the Dan River plant near Eden to mobilize public and political outcry about the practice of dumping coal ash, which contains toxic heavy metals, in ponds near rivers.

The ratified bill, which is awaiting Gov. Pat McCrory’s signature, gives Duke Energy until 2029 to clean up the ponds, places a one-year moratorium on rate increases related to the coal-ash removal and assigns enforcement responsibility to a new, autonomous commission that would operate not in the Department of Environment and Natural Resources, but under the Department of Public Safety.

The commission, which does not provide for any representation by environmental interests, will have considerable power to determine the course of the cleanup and will have the power to approve delays.

In short, while any action on coal-ash cleanup represents progress, this bill leaves an awful lot hanging.

Legislation directing Duke Energy to clean out all of its coal-ash ponds and store the ash more safely is a step in the right direction, but it also leaves a lot of gray area — including questions of who will pay the tab. One of the architects of the last-minute compromise said the Honorables can decide that later.

Fortunately for the Cape Fear region, the Sutton plant likely will be in the first wave of coal-ash cleanups.

The ponds at the now-shuttered plant have been leaking into groundwater that was heading for drinking wells in the Flemington neighborhood off U.S. 421 north of Wilmington. Duke Energy and the Cape Fear Public Utility Authority have split the cost of providing water lines to the community to prevent contaminated drinking water from reaching residents.

It is worth noting that this week’s action is the first concrete step to address coal ash pollution in North Carolina. It took a major spill at the Dan River plant near Eden to mobilize public and political outcry about the practice of dumping coal ash, which contains toxic heavy metals, in ponds near rivers.

The ratified bill, which is awaiting Gov. Pat McCrory’s signature, gives Duke Energy until 2029 to clean up the ponds, places a one-year moratorium on rate increases related to the coal-ash removal and assigns enforcement responsibility to a new, autonomous commission that would operate not in the Department of Environment and Natural Resources, but under the Department of Public Safety.

The commission, which does not provide for any representation by environmental interests, will have considerable power to determine the course of the cleanup and will have the power to approve delays.

In short, while any action on coal-ash cleanup represents progress, this bill leaves an awful lot hanging.

A version of this editorial first appeared in the Wilmington StarNews, a Halifax Media Group newspaper..